(A) Purpose. Use classifications organize land uses and activities into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use classifications provide a systematic basis for assigning present and future land uses into appropriate districts. Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification.
(B) Developments with multiple principal uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the retail sales and service category because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to applicable regulations within that category. Developments with multiple principal uses, such as shopping centers, shall incorporate only those uses allowed in the underlying district.
(C) Unlisted uses.
(1) Procedure for approving unlisted uses. Where a particular use category or use type is not specifically listed in Table 164.01, Table of Allowed Uses, the Planning Commission may permit the use category or type upon a finding that the criteria of § 164.02-01(C)(2), Criteria for Approving Unlisted Uses, are met. The Planning Commission shall give due consideration to the intent of this ZDO concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.
(2) Criteria for approving unlisted uses. In order to determine that the proposed use(s) has an impact that is similar in nature, function, and duration to the other uses allowed in a specific district, the Planning Commission, after review of a recommendation from the Zoning Administrator, shall assess all relevant characteristics of the proposed use, including but not limited to the following:
(a) The volume and type of sales (retail, wholesale, etc.) if relevant:
(b) The size and type of items sold and nature of inventory on the premises;
(c) Any processing done on the premises, including assembly, warehousing, shipping, distribution;
(d) The nature and location of storage and outdoor display of merc handise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders);
(e) The type, size and nature of buildings and structures;
(f) The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;
(g) Transportation requirements, including the modal split for people and goods, by volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other uses on the site;
(h) Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses;
(i) The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation and fumes;
(j) Any special public utility requirements for serving the proposed use; and
(k) The impact on adjacent properties created by the proposed use will not be greater than that of other uses in the district.
(3) Effects of finding by the Planning Commission.
(a) Typical uses: added to this ZDO. In making the determination described in § 164.02-01(C)(1), Procedure for Approving Unlisted Uses, the Planning Commission shall initiate an amendment to this ZDO if it is determined that the particular use category or use type is likely to be common or to recur frequently, or that omission of specific inclusion and reference to this ZDO is likely to lead to public uncertainty and confusion. Until final action has been taken on such a proposed amendment, the determination of the Planning Commission shall be binding on all officers and departments of the city.
(b) Atypical uses: determination binding. In making a determination whether to approve an unlisted use, the Planning Commission's determination shall thereafter be binding on all officers and departments of the city, without further action or amendment of this ZDO, if the Planning Commission finds the particular use or class of use(s) is of an unusual or transitory nature, or is unlikely to recur frequently.
(Ord. 05-10, passed 3-23-10)